Commonwealth Numbered Acts

FISHING LEGISLATION AMENDMENT ACT 1987 No. 176 of 1987 - SECT 34

34. Section 42 of the Principal Act is amended:

   (a)  by inserting after paragraph (1) (b) the following paragraph:

"(ba) where the officer has reasonable grounds to believe that there is in any
vehicle any document, equipment or thing that may afford evidence as to the
commission of an offence against this Act:

        (i)    stop and detain the vehicle;

        (ii)   enter and search the vehicle;

        (iii)  break open and search any compartment, container or other
               receptacle in which the officer has reasonable grounds to
               believe there is a document, equipment or thing of that kind;
               and

        (iv)   examine and take possession of, or secure against interference,
               any document, equipment or thing that the officer has
               reasonable grounds to believe may afford evidence as to the
               commission of an offence against this Act;";

   (b)  by inserting after paragraph (1) (k) the following paragraph:

"(ka) require a person found on or in any land or premises entered in
pursuance of paragraph (b) or in any vehicle detained or searched under
paragraph (ba):

        (i)    to state the full name and usual place of residence of the
               person;

        (ii)   to produce any documents in the possession, or under the
               control, of the person relating to any fish found on the land
               or in the premises or vehicle; or

        (iii)  to give information concerning any such fish;";

   (c)  by inserting after paragraph (1) (o) the following paragraph:

"(oa) where, for the purpose of ascertaining whether equipment that is on, or
that is being used by or from, a boat is equipment of a kind specified in a
notice that is in force under subsection 16 (1), it is necessary to ascertain
the dimensions of the equipment-require the master of the boat to provide such
reasonable assistance as is requested by the officer in order to ascertain the
dimensions of the equipment (including, if the officer so requests, causing
the equipment to be placed in the sea or on land, or to be removed from the
sea and placed on the boat or on land);";

   (d)  by inserting after subsection (2A) the following subsection:

"(2AA) Where an officer (other than a prescribed person who is in uniform)
proposes to enter and search, or to detain, a vehicle, the officer shall, if
there is a person in charge of the vehicle:

   (a)  where the officer is a prescribed person-produce, for inspection by
        the person in charge of the vehicle, written evidence of the fact that
        the officer is a prescribed person; or

   (b)  in any other case-produce, for inspection by the person in charge of
        the vehicle, the officer's identity card;
and, if the officer fails to do so, the officer is not authorised to enter and
search, or to detain, the vehicle.";

   (e)  by inserting after subsection (6) the following subsection:

"(6A) A reference in this section to an offence against, or a contravention
of, this Act includes a reference to an offence against, or a contravention
of:

   (a)  section 6, 7 or 7A of the Crimes Act 1914; or

   (b)  subsection 86 (1) of that Act by virtue of paragraph (a) of that
        subsection;
that relates to this Act."; and

   (f)  by inserting before the definition of "prescribed person" in
        subsection (7) the following definition:

" 'examine' includes count, measure, weigh, grade or gauge;".